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South Carolina Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for South Carolina on
Q: I would like to know how to become a paid guardian ad litem in the state of SC?

I have a bachelor's in Education and Psychology, and a master's in Counseling and Coaching. I am currently working with a residential non profit who provides housing and education for sex trafficking survivors. I would like to work with this population as a Guardian ad Litem.

Ryan D Templeton
Ryan D Templeton answered on Dec 4, 2019

Check out this website: https://www.scbar.org/public/get-legal-help/common-legal-topics/guardian-ad-litem/

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: What are my options for getting my girls back?

I went to court in Anderson county October 25th, 2018. Custody was granted to the paternal grandparents. I have completed everything necessary to have custody returned to me. I am in desperate need of getting a new court date.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Dec 2, 2019

You would have to file a new case seeking custody of your children to get them back. I suggest you get a consultation with a lawyer to review the prior court order and to discuss whether you have sufficient change in circumstances to file for return of custody.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Does a guardian have to provide all documents she receives from one party to the other party? What is the code of law?

If a Guardian Ad Litem does not provide the documents requested from one party that the other party gave to her? What violation does that fall under? Especially if the other party requesting gave all their documents that the other party did in fact receive. Does the Guardian Ad Litem have to... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 11, 2019

A Guardian does not have to turn over documents unless issued a subpoena. The GAL code sections are 63-3-810 to 63-3-870.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for South Carolina on
Q: How long do I have to report someone giving alcohol, vapes, and marijuana to minors? They made drug deals at a school.

Marijuana was purchased from a middle schooler by an adult at a middle school. It is my understanding that a 1 year old was in the car during the drug deal on school property. The marijuana was brought to the adult's home and smoked with a middle schooler, and the 1 year old was in the home while... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

There is no statute of limitations in SC on the distribution/purchase of illegal drugs so there is not a set amount of time to report. That being said, unless the drugs are still in existence this is a case that would be very hard to prosecute.

2 Answers | Asked in Family Law and Child Custody for South Carolina on
Q: I have been served a summons and notice regarding alleged contempt of a court order. How do I proceed on my own?

I think I need to file an answer with the plaintiff's lawyer and the clerk of court. Should I also provide an affidavit answering the complaint in detail?

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Aug 5, 2019

Contempt hearings are not decided on affidavits, but rather on evidence and testimony presented at the hearing. The burden to prove contempt is on the moving party and must show which specific paragraph of the Order was violated. Evidence presented must show that the accused party willfully... Read more »

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1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can you appeal/overturn an ex parte/emergency custody order?
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Apr 29, 2019

An ex parte Emergency order is an interim order and as such cannot be appealed. Most such orders, however, provide for a subsequent hearing, once the defendant is served, to allow a challenge to the decision. You can also file a motion for reconsideration within ten days of receiving the order.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: I need to get custody of my daughter back, and the man on the birth certificate is not the biological father.

He was granted joint custody with him as the domicilary parent, with me only being granted supervised visitations at his discretion, but he doesn't allow me to see her at all, and she is in a dangerous environment. Please help.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Apr 8, 2019

You need to consult with a lawyer in your area to help you file either a contempt action of a modification action.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for South Carolina on
Q: My ex is the custodial parent, I’m suffering hardships; loss of job, He equates visitation by support payments, can he?

Even phone calls hes denied, whilst married I stayed at home and homeschooled, this is extremely abusive and immoral in my opinion.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Nov 26, 2018

Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.

1 Answer | Asked in Criminal Law and Child Custody for South Carolina on
Q: What is the punishment for 3rd offense shoplifting? Also what would be the best case scenario for the defendant?

My mother is 62. She's has quite a bit of medical problems. She also takes care of my 86yrs grandmother, who has dementia. She also has custody of my sisters children. She got a third offense shoplifting charge. Her public defender wants her to take a plea of 18 months. Is that the best... Read more »

Stephen Grooms
Stephen Grooms answered on Oct 30, 2018

A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites... Read more »

1 Answer | Asked in Family Law, Child Custody and Adoption for South Carolina on
Q: Do my boyfriend and I have to be married in order for him to adopt my son and get full custody?

My boyfriend has been in my child’s life since he was born but he isn’t the biological father. The biological father and i does not associate with each other, and hasn’t since the beginning of my pregnancy out of me being scared of him and what he may do to my and my child.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 19, 2018

A spouse of a biological parent can adopt that parent's child, but I don't know of a situation where a boyfriend adopted a child. The point of adoption a step-parent adoption is to provide two parents in a stable home for a child. A marriage shows a commitment between two people and a common intent... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: I have daughter with a man I was with for 5 years but not married to. I want to move with her out of state. Process?

Our daughter has spent equal amounts of time in each household, however, the relationship between the father and I has become increasingly strained. I have taken a travel physical therapy position in Texas and want to move there with my daughter. At first her father agreed, but then fought me about... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 11, 2018

You question does not state whether there has been previous family action, so I am assuming there has not. Your question doesn't state how long your daughter has been living with the father. I'm assuming she and he are in South Carolina. You would have to file a case in family court seeking the... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Son lives in Connecticut with his mother and he wants to stay with me but his mother isn't allowing this. What can i do

He was born in Columbia, sc and I currently pay child support.

He makes it known verbally that he wanted to come with me.

They have been in Connecticut for the past 5 years possibly.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Oct 8, 2018

Your question doesn't state whether there is a South Carolina court order granting custody to the mother and, if so, whether you still live in the county where the order was issues, and whether the mother ever registered the order in Connecticut. And your questions does not state the age of your... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on
Q: I have kids with my ex bf we were never married. He sees the kids whenever he wants too. Can I file for child support?

My ex has threatened to take my kids away. He has a police record and was admitted to the hospital for trying to committed suicide. He lives with his parents. I'm a good mother in the medical field and I have my own place. Does he have any rights? I consider myself as the legal guardian(full... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 29, 2018

Putting someone's name on a birth certificate only raises a rebuttable presumption that the person named is the biological parent. For a child born out of wedlock, the mother's paternity is accepted since she gave birth to the child, but the father's paternity has to be established in a court... Read more »

1 Answer | Asked in Family Law, Divorce and Child Custody for South Carolina on
Q: I have been married in South Carolina have 2 children 8 and 6. I want to leave my husband

Would it be considered abandonment If i leave without my children due to not knowing if i have a place to live and can he prevent me from taking them. Not leaving state just moving out of the marital house and filing

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 28, 2018

Under South Carolina law, if you move out of the marital home and leave your children with your husband you increase the chance that he will be awarded temporary custody of the children if he files for divorce or separate support and maintenance. It's best to plan your move, get a place to live and... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for South Carolina on
Q: I’m having a baby with another man but plan on marrying my current fiancé of 7 years does that terminate bio dads right

The biological father has been emotionally abusive and unstable on whether he wants to be a part of the child’s life. I have stopped all contact with biological father because of this. I plan on doing an adoption and want to know if he will be able to fight against the adoption if child is born... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 9, 2018

Marriage to someone other than the putative father does not terminate his parental rights. As for adoption, the putative father's parental rights must be terminated as part of the adoption case. Under South Carolina law, if a parent fails to support or visit a child for a continuous six month... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for South Carolina on
Q: I am trying to see what forms I need to file I have sole physical custody and my ex has visitations for summers

I sent my kids up there for the summer and she kept one of my kids with out me saying that it was okay I didnt approve that he could stay now I'm trying to fight to get her to give him back the court stated I neneeneneed to fill a paper but not sure what to do or how to go about it . I know its... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Sep 5, 2018

Your question doesn't say if you have a court ordered custody. If you have a court order granting you custody and setting out the mother's visitation rights, you can file a Rule to Show Cause. That form can be obtained from the clerk of court's office in the family court. The Rule to Show Cause... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can I require my ex-wife to move my son from Montessori to Traditional? She has educational decisions, but nothing else.

I am primary custodial parent and have all decisions except education. Montessori is not suited for my son, in my opinion. The Montessori school he attends is a public school. I would think the court would side with a traditional setting instead of Montessori, even though she has educational... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Aug 23, 2018

If you ex-wife has the authority to make educational decisions pursuant to a court order, you would have to file a new court case seeking to modify that provision of the order. Modifications cases all have the same requirement which is a showing that there has there been a substantial change in... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I left my child's father (unmarried) and moved to SC after my son was attacked by his pitbull. Can I file in SC?

My son was attacked by my boyfriend's pitbull and kept making excuses about getting rid of the dog. A few days later I found out he was cheating on me so I left and moved to SC to be with my parents because I have been unemployed since having my child. My father has cancer and they are unable to... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jul 12, 2018

Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child Custody... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can I legally move my son out of state without his father's consent? We were never married.
Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Jun 20, 2018

A child born out of wedlock is presumed to be the child of the mother, but the father's paternity has to be established in a family court case in order for him to assert his parental rights. A father whose parental rights have not been judicially established has no say concerning the child. Having... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on
Q: What kind of rights does my child’s father have if we never married

He is on the birth certificate

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on May 24, 2018

An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be... Read more »

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